HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 3975/2018
Smt Lavleen Soin W/o Shri Yashvinder Singh Soin , Aged About 53
Years, R/o Flat No. 402, Madho Parl Apartment, Vivekanand Marg, C-
1. State Of Rajasthan , Through P.p.
2. Yashvinder Singh Soin S/o Late Shri Karmraj Singh , R/o 32,
Sangram Colony, C-Scheme Jaipur
For Petitioner(s) : Mr. C.C. Ratnu
For Respondent(s) : Mr. Pawan Sharma
For the State : Mr. Prakash Thakuria, P.P.
HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
Instant petition has been preferred under Section 482
Cr.P.C. seeking quashing of impugned F.I.R. No.142/2013 registered at
Police Station Mahila Thana, Jaipur City (South) for offences punishable
under Sections 498-A and 406 I.P.C. on the basis of compromise.
Smt. Lavleen Soin on 24.01.1988, as per Anand Karaj
Ceremony was married with the respondent No.2. Complainant-
petitioner and accused/respondent No.2 were blessed with a daughter,
named Sanya Singh.
Due to differences which arose, the parties could not live
together, hence, they decided to part gracefully.
The complainant/petitioner because of circumstances was
compelled to lodge above said F.I.R.
(2 of 3) [CRLMP-3975/2018]
Complainant/petitioner – Smt. Lavleen Soin and her
daughter – Sanya Singh are present in person before this Court. They
have been identified by their Counsel Mr. C.C. Ratnu.
Complainant-petitioner – Smt. Lavleen Soin, present in
person, has stated that she has already filed a petition under Section
13-B of the Hindu Marriage Act for dissolution of marriage and the said
petition is coming up for final motion before the Family Court, Jaipur on
23.07.2018. It is submitted that respondent No.2 has already
transferred the plot and flat in the name of the daughter of the parties,
namely Sanya Singh. Complainant/petitioner has stated that respondent
has agreed to pay Rs.20,00,000/- to the petitioner/complainant at the
time of dissolution of marriage. Complainant/respondent has prayed
that the impugned F.I.R. be quashed to facilitate the parties to pursue
their life and move ahead.
The learned counsels appearing for the parties have
submitted that the compromise was presented on 11.05.2018 before
the trial Court. The said compromise was accepted, qua offence under
Section 406 I.P.C. but the same was rejected, qua offence under
Section 498-A I.P.C. as same is non-compoundable.
Counsel appearing for the parties have vouchsafed the
factum of compromise.
The learned counsels appearing for the respective parties
have jointly prayed that since the matrimonial dispute has been
amicably resolved, the criminal cases pending between the parties as
well as impugned F.I.R. be quashed, so that the parties can pursue their
life and move ahead.
I have heard the learned counsels appearing for the parties
and have perused the contents of the instant petition.
(3 of 3) [CRLMP-3975/2018]
It has been often held by the Courts that hour of the
compromise is the finest hour between the parties and the Court while
exercising its inherent jurisdiction under Section 482 Cr.P.C. can quash
the proceedings, even qua non-compoundable offences.
Furthermore, in the case of B.S. Joshi Vs. State of
Harayana, reported in [(2003) 4 S.C.C. 675], the Apex Court has
opined that although offence under Section 498-A I.P.C. is non-
compoundable, but in cases of matrimonial dispute to bring families at
peace, if the parties arrive at compromise, then proceedings, qua
offence under Section 498-A I.P.C. can be quashed by invoking its
inherent powers under Section 482 Cr.P.C.
Considering the fact that both the parties have resolved
their matrimonial dispute and the joint prayer made by the parties and
in view of law laid down by the Apex Court in the case of B.S. Joshi
[supra], the present petition is allowed. The impugned F.I.R.
No.142/2013 registered at Police Station Mahila Thana, Jaipur City
(South) for offences punishable under Sections 498-A and 406 I.P.C.,
along with all subsequent proceedings is quashed.
A liberty is granted to the petitioner to re-approach this
Court in case the amount of Rs.20,00,000/- is not paid to her by the
(KANWALJIT SINGH AHLUWALIA),J.
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